Aguilar vs. Lucky Cab, Company

Las Vegas – 10:00 a.m. – Cadish/ Pickering/ Bell

Aguilar vs. Lucky Cab, Company

Docket No. 84647/85538

Las Vegas – 10:00 a.m. – Cadish/ Pickering/ Bell

These consolidated appeals arise out of a personal injury action appellant filed against respondents.  Before trial, respondents conveyed an offer of judgment pursuant to NRCP 68 “in the total lump sum amount” of $150,001.00, which amount “excludes prejudgment interest, attorney’s fees, and all costs incurred to date.”  Appellant filed an acceptance of the offer.  When respondents sent payment of only $150,001.00, they also sought stipulated dismissal.  Appellant did not consent to the dismissal.  Respondents moved to dismiss, which the district court granted on the ground that respondents were entitled to dismissal once they tendered payment within NRCP 68(d)(2)’s dismissal window.  The district court, however, reserved for later determination whether appellant was entitled to a separate costs and interest award by the terms of the offer.  Following additional briefing, the district court concluded that a separate award was unavailable because appellant was not a prevailing party and the prior dismissal was “preclusive.”  Appellant challenges both the dismissal and the determination that he cannot obtain a separate costs and interest award.